Tag Archives: recess appointments

Reply: Political Question Answer to Recess Appointment Test

Ed. note:  In anticipation of the D.C. Circuit’s consideration of Noel Canning v. NLRB, Professor Victor Williams recently posted a thought-provoking defense of last January’s controversial recess appointments based on the political question doctrine.  I responded, arguing that the President’s recess appointment power is limited in a judicially reviewable manner by Article I, section 6, which gives to the House the power to prevent the Senate from recessing and to the Senate the power to decide what constitutes a recess.  The D.C. Circuit heard oral argument on December 5.  This is Professor Williams’s gracious rebuttal. Continue reading

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Political Question Doctrine Does Not Shield Controversial Recess Appointments

Victor Williams of Catholic Law School has an op-ed in today’s National Law Journal arguing that any challenge to the President’s recess appointments of National Labor Relations Board members is nonjusticiable on political question grounds. Continue reading